U.S. Department of Energy • Weatherization Assistance Program
PROGRAM OVERVIEW
Executive Summary
Mission and Operation
The U.S. Department of Energy’s (DOE) Weatherization Assistance Program
(Weatherization) reduces energy costs for low-income households by
increasing the energy efficiency of their homes, while ensuring their health
and safety. The Program provides energy-efficiency services to more than
100,000 homes every year, reducing average annual energy costs by $413 or
more per household.
The Program prioritizes services to the elderly, people with disabilities, and
families with children. These low-income households are often on fixed
incomes or rely on income assistance programs and are most vulnerable to
volatile changes in energy markets. “High energy users” or households with a
high energy burden may also receive priority.
A Weatherization technician conducts a
vent test to identify duct leakage.
DOE works in partnerships with state and local-level agencies to implement
the Program. The DOE Project Management Center (PMC) awards grants to
state-level agencies, which then contract with local agencies. Weatherization
programs operate in all 50 states, the District of Columbia, among Native
American tribes, and anticipate servicing the U.S. territories beginning in
PY 2009. Approximately 900 local agencies deliver Weatherization services
to eligible residents in every county in the nation. Since the inception of the
Program in 1976, over 6.2 million households have received Weatherization
services.
• Weatherization returns $1.65 in energy-related benefits for every $1
invested in the Program. This cost-effective approach ensures the
proper investment of taxpayer resources.
• For every $1 invested by DOE, the Program leverages $1.54 in other
federal, state, utility, and private resources. Agencies use leveraged
resources to weatherize more low-income homes and to deliver more
services while in the home.
Bringing you a prosperous future where energy is clean, abundant, reliable, and affordable
Weatherization Assistance Program Overview
Eligible Households
Total U.S. energy consumption in 2007 was 105.63 quadrillion BTUs
(quads) according to the Energy Information Administration (EIA) and the
percentage of this that was residential was 21%. Americans spent $231.4
billion this year on residential energy according to an Oak Ridge National
Laboratory (ORNL) study.
Low-income households pay a disproportionate share of this energy bill.
Delaware crews use a digital
manometer to identify duct leakage.
Figure 1. Increase in Gas Space
Heating Savings
40%
30%
20%
10%
0%
32%
18.5%
1989
2005
• Low-income households typically spend 17% of their total annual
income on energy, compared with 4% for other households.
• The average expenditure per low-income household for the current
year is estimated at $1,871. Low-income families must often cut back
on other necessities, such as groceries or medicine, to pay their energy
bills.
Over 38 million households are currently eligible for Weatherization services.
Any household at or below 150% of poverty is considered low-income.
A state may elect to use the Department of Health and Human Services
Low-Income Home Energy Assistance Program (HHS LIHEAP) criteria of
60% of state-median income. Some eligible households may require repairs,
rehabilitation, or services that are beyond the scope of the Weatherization
Program. About 15 million of all eligible households are good candidates for
Weatherization services.
• Over 90% of low-income households have an annual income
under $15,000.
• Two-thirds have an annual income under $8,000.
• More than 13% have an annual income under $2,000.
Technical Approach
Figure 2. Increase in Average
Annual Household Savings
$400
$413
$300
$200
$100
$0
• Weatherization crews use advanced technologies to address wholehouse energy use.
$107
1989
Professionally trained Weatherization crews use computerized energy audits
and advanced diagnostic equipment, such as a blower door, manometer, or
infrared camera, to determine the most cost-effective measures appropriate
for each home. Typical measures may include: installing insulation; sealing
ducts; tuning and repairing heating and cooling systems; mitigating air
infiltration; and reducing electric base load consumption.
2008
• Services are delivered to single-family homes, multi-family dwellings,
and manufactured homes.
• Weatherization agencies have established a professionally trained
delivery system to provide quality energy-efficiency services and
materials.
• The integration of advanced technologies and techniques, as well as
improved training, has increased the Program’s impact as demonstrated
by many state evaluations conducted in recent years.
P. I-2
Weatherization Assistance Program Overview
Weatherization crews also perform health and safety tests that may include:
testing heating units and appliances for combustion safety, carbon monoxide,
and gas leaks; assessing moisture damage; checking electrical system safety;
replacing unsafe heating and cooling systems; and installing smoke and
carbon monoxide detectors.
Measures Installed
Building Shell Measures
• Install insulation in walls, floors, ceilings, attics, and foundations
• Blower door-directed air sealing of the building shell
• Repair or replace primary windows and doors
• Install storm windows and doors
• Install window films, solar screens, window louvers, and awnings
• Apply reflective roof coating
• Repairs to enable the installation of energy-efficiency measures, such as:
u
Repair minor roof and wall leaks prior to insulating attics or walls
Mechanical Measures
• Clean, tune, repair or replace heating systems including:
u
Furnaces, boilers, heat pumps, vented space heaters, and wood stoves
• Clean, tune, repair or replace cooling systems including:
u
Central air conditioners, window air conditioners, heat pumps, and
evaporative coolers
• Install insulation on ducts and heating pipes
• Conduct other efficiency improvements to heating and cooling systems
including:
u
Replacing standing pilot lights with electronic ignition devices
u
Installing vent dampers
Weatherization partnered with a
housing development corporation to
revitalize two inner-city neighborhoods
in Tennessee. Weatherization installed
energy efficiency measures in 146
single-family homes, after the units
received structural renovations. Through
the partnership, low-interest loans were
offered to the low-income tenants to
purchase the homes. By improving the
energy efficiency of the homes, the new
low-income owners experienced annual
savings of nearly $600 on their energy
bills. This activity improved the
long-term affordability of the
low-income housing stock.
• Modify duct and pipe systems so heating and cooling systems operate
efficiently and effectively including:
u
Add return ducts
u
Replace diffusers and registers
u
Replace air filters
u
u
Install thermostatic radiator controls on steam and hot water heating
systems
Replace or add air-purging vents on steam heating systems
• Install programmable thermostats, outdoor reset controls, and other
HVAC control systems
P. I-3
Weatherization Assistance Program Overview
Mechanical Measures (continued)
• Repair or replace water heaters
• Install insulation on water heater tanks and water heating pipes
• Install solar water heating systems
• Install waste heat recovery devices including:
u
Desuperheater/water heaters
u
Condensing heat exchangers
u
Heat pump water heating heat recovery systems
u
Energy recovery equipment
• Repair or replace electric motors
• Install motor controls such as variable-speed drives
Electric Base-Load Measures
• Install motor controls such as variable-speed drives
Blower door tests are conducted during
the assessment of a weatherization
home.
• Convert incandescent lighting to fluorescent
• Replace refrigerators
Health and Safety Measures
• Install smoke and carbon monoxide alarms
• Repair or replace vent systems on fossil-fuel-fired heating systems and
water heaters to ensure that combustion gases draft safely to outside
• Install mechanical ventilation to ensure adequate indoor air quality if
house is air-sealed to building tightness limit
• Incidental safety repairs to enable the installation of energy-efficiency
measures, such as:
u
Electrical repairs prior to insulating attics or walls or convert
incandescent lighting to fluorescent
Impact on Low-Income Americans
Weatherization alleviates the heavy energy burden on low-income
households and helps them become self-sufficient. Weatherization measures:
• Create average energy savings of $413 or more per year.
• Reduce a household’s annual gas heating consumption by 32%.
• Are “locked” into the home and continue to save money and energy
every year.
• Improve health and safety by eliminating energy-related hazards.
• Avoided $1.5 billion in energy costs for all homes served during winter
2005.
P. I-4
Weatherization Assistance Program Overview
Impact on Communities
Weatherization helps revitalize communities by spurring economic growth
and reducing environmental impacts. For every $1 invested, Weatherization
returns $2.72 in energy and non-energy related benefits. By reducing energy
consumption in low-income homes, Weatherization:
• Reduces the export of local energy dollars and keeps more money in
the community.
• Improves energy affordability, making housing more affordable. This
reduces cases of homelessness and frequent forced mobility, and lowers
demand for public assistance.
• Decreases electricity generation and resulting pollution. This improves
local air quality and reduces adverse health effects, particularly asthma.
• Avoids residential and power plant emissions of carbon dioxide, a
leading greenhouse gas. Weatherization measures reduce carbon
dioxide emissions by 1.79 tons per weatherized home, or one-third the
average emissions of an automobile.
• Supports almost 8,000 direct jobs nationwide.
• Reduces demand for imported oil. Decreases national energy
consumption by the equivalent of 18 million barrels of oil annually.
• Produces an estimated $3 in multiplier benefits for every $1 invested in
the Program.
Program History
The Weatherization Assistance Program was created in 1976 to assist lowincome families who lacked the resources to invest in energy efficiency.
Most Americans were dramatically affected by the 1973 oil crisis. Spiraling
home heating bills were a heavy burden on household budgets, sinking
many families into debt. Low-income families in cold-climate states suffered
the most severe consequences. In Maine, state officials and community
action agencies worked with homeowners and renters to seal air leaks in
homes. These measures cut energy bills and saved oil. Out of this effort, the
nation’s first Weatherization Program was born. Congress created the U.S.
Department of Energy’s Weatherization Assistance Program in 1976 under
Title IV of the Energy Conservation and Production Act.
In this early phase, volunteers and job trainees installed low-cost
conservation measures, such as covering windows with plastic sheeting,
caulking, and weather-stripping, to reduce home heating bills. By the 1980s,
the Program focused on more permanent and cost-effective measures, such as
adding insulation (with its long track record of effectiveness) and improving
efficiency in heating systems.
P. I-5
Weatherization Assistance Program Overview
In the 1990s, the trend toward emphasizing more cost-effective measures
continued with the widespread adoption of advanced energy audits and
diagnostic equipment. The use of computerized energy audits improved
the cost effectiveness of the Program. Blower door-directed air sealing has
enabled agencies to diagnose and solve infiltration problems more accurately.
The integration of advanced diagnostic equipment has also improved the
identification of energy-related health and safety problems, such as carbon
monoxide and inoperable vent flues.
Cooling efficiency measures were integrated in the Program in 1994,
including air conditioner replacement, ventilation equipment, and screening
and shading devices. These measures have made a big impact in warm
climates, where cooling costs are often higher than heating costs.
By 1996, the Program’s performance improved significantly due to
implementing many of the recommendations resulting from the National
Evaluation and other DOE-sponsored research. Despite funding reductions
during this period, technical advances produced almost 70% higher energy
savings per dwelling. This was achieved through improved training, auditing
tools, and management practices.
Additional regulatory and legislative changes in the late 1990s increased
flexibility for states. The average cost per home was raised and the
requirement that 40% of Program funds be spent on materials was removed
in response to the nationwide integration of advanced energy audits. Electric
base load measures were approved and incorporated in 2000.
Also in 2000, flexibility was provided to ease budget constraints related to
health and safety expenditures. To help states weatherize more multi-family
dwelling units, the eligibility criteria for certain large multi-family buildings
was reduced to 50%.
In a 2006 rulemaking, DOE defined renewable energy systems made eligible
for funding by the Energy Policy Act of 2005 and established criteria for
their performance and quality standards.
The Energy Independence and Security Act of 2007, which reauthorized
the Program, was expanded by DOE during the rulemaking to include any
territory or possession of the U.S. in the definition of “states” as an eligible
grantee of the Program.
Weatherization has evolved into a sophisticated program, which addresses
whole-house energy efficiency and promotes a whole-community approach.
Weatherization is the nation’s largest residential energy efficiency program.
P. I-6
Weatherization Assistance Program Overview
Funding and Production History
The core funding for the Program is derived from annual appropriations from
Congress to DOE. DOE then provides core program funding to all 50 states,
the District of Columbia, Native American Tribes, and anticipates servicing
the U.S. territories in PY 2009 through formula grants.
Once DOE awards the grants, the states contract with more than 900 local
agencies nationwide, including community action agencies, other non-profits,
and local governments, to deliver these services to low-income families.
Many states use the DOE funding as the foundation to leverage multiple
funding sources. The core funding received from DOE often provides
the training/technical assistance and administrative needs of an agency.
By leveraging additional dollars, it allows the state and local programs to
increase the services rendered and the number of homes served.
The following chart reflects the DOE appropriation and units weatherized
with DOE funding each year. Leveraged funds can be credited with
increasing our number of families served to 6.2 million over the history of
this Program.
DOE
Appropriation
(in Millions)
Units
Weatherized
w/ DOE $
Cummulation
DOE Units
DOE
Appropriation
(in Millions)
Units
Weatherized
w/ DOE $
Cummulation
DOE Units
1977
$27.5
1,622
1,622
1993
$185.4
103,394
2,100,408
1978
$65.0
6,742
8,364
1994
$206.8
114,904
2,215,312
1979
$199.0
15,387
23,751
1995
$214.8
102,981
2,318,293
1980
1981
$199.0
232,751
256,502
1996
$111.7
76,393
2,394,686
$175.0
352,906
609,408
1997
$120.8
71,597
2,466,283
1982
$144.0
122,992
732,400
1998
$124.8
68,470
2,534,753
1983
$245.0
156,629
889,029
1999
$133.0
71,984
2,606,737
1984
$190.0
209,261
1,098,290
2000
$135.0
74,316
2,681,053
1985
$191.0
163,860
1,262,150
2001
$153.0
77,709
2,758,762
1986
$182.1
149,047
1,411,197
2002
$230.0
104,860
2,863,622
1987
$161.3
105,440
1,516,637
2003
$223.5
100,428
2,964,050
1988
$161.3
105,465
1,622,102
2004
$227.2
99,593
3,063,643
1989
$161.3
85,115
1,707,217
2005
$228.2
97,500
3,161,143
1990
$162.0
84,441
1,791,658
2006
$242.6
104,283
3,265,426
1991
$198.9
105,769
1,897,427
2007
$204.6
89,772*
3,355,198*
1992
$194.0
99,587
1,997,014
2008
$227.2
6,116*
3,361,314*
* Program Year 2007 & 2008 production not complete at time of print.
P. I-7
Weatherization Assistance Program Overview
Organizational Chart
DOE awards grants to state-level agencies, which then contract with over 900
local agencies to deliver Weatherization services to eligible residents.
U.S. Department of Energy
Energy Efficiency and Renewable Energy
Office of Weatherization and Intergovernmental Program
Weatherization Assistance Program
Golden Field Office
P. I-8
National Energy Technology Laboratory
Project Management Center
Project Management Center
Alaska, *American Samoa, Arizona,
California, Colorado, *Guam, Hawaii,
Idaho, Illinois, Indiana, Inter-Tribal Council
of Arizona, Iowa, Kansas, Louisiana,
Michigan, Minnesota, Missouri, Montana,
Navajo Nation, Nebraska, Nevada,
New Mexico, North Dakota, Northern
Arapaho, *Northern Mariana Islands, Ohio,
Oklahoma, Oregon, South Dakota, Texas,
Utah, Washington, Wisconsin, Wyoming
Alabama, Arkansas, Connecticut, Delaware,
District of Columbia, Florida, Georgia,
Kentucky, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey,
New York, North Carolina, Pennsylvania,
*Puerto Rico, Rhode Island, South Carolina,
Tennessee, *U.S. Virgin Islands, Vermont,
Virginia, West Virginia
*U.S. Territories anticipated to begin service in
PY 2009.
*U.S. Territories anticipated to begin service in
PY 2009.
Local Agencies
Local Agencies
Weatherization Assistance Program Overview
Program Contacts
U.S. Department of Energy - Headquarters
Energy Efficiency and Renewable Energy
Office of Weatherization and Intergovernmental Program
Weatherization Assistance Program
1000 Independence Avenue, SW, EE-2K
Washington, DC 20585-0121
Telephone: 202-586-1510
Fax: 202-586-1233
Program Contacts: Ronald Shaw, John Atcheson, James Childs,
Jean M. Diggs, Tawanna Holloway
National Energy
Golden Field Office
Technology Laboratory
Mr. Eric Bell
U.S. Department of Energy
National Energy Technology
Laboratory (NETL-PGH)
P.O. Box 10940
626 Cochrans Mill Road
Pittsburgh, PA 15236-0940
Telephone: 412-386-5802
Fax: 412-386-5802
Email: Eric.Bell@netl.doe.gov
Ms. Holly Ravesloot
U.S. Department of Energy
National Energy Technology
Laboratory (NETL-MGN)
P.O. Box 880
3610 Collins Ferry Road
Morgantown, WV 26507-0880
Telephone: 304-285-4139
Fax: 304-285-4638
Email: Holly.Ravesloot@netl.doe.gov
Ms. Magda Rivera
U.S. Department of Energy
National Energy Technology
Laboratory (NETL-MGN)
P.O. Box 880
3610 Collins Ferry Road
Morgantown, WV 26507-0880
Telephone: 304-285-1359
Fax: 304-285-4638
Email: Magda.Rivera@netl.doe.gov
Mr. Rob DeSoto
U.S Department of Energy
Golden Field Office
1617 Cole Boulevard
Golden, CO 80401-3305
Telephone: 303-275-4843
Fax: 303-275-4880
Email: rob.desoto@go.doe.gov
Ms. Carole Gates
U.S Department of Energy
Golden Field Office
1617 Cole Boulevard
Golden, CO 80401-3305
Telephone: 303-275-4848
Fax: 303-275-4880
Email: carole.gates@go.doe.go
A Strong Energy Portfolio
for a Strong America
Energy efficiency and clean, renewable
energy will mean a stronger economy,
a cleaner environment, and greater
energy independence for America.
Working with a wide array of state,
community, industry, and university
partners, the U.S. Department of
Energy’s Office of Energy Efficiency and
Renewable Energy invests in a diverse
portfolio of energy technologies.
Mr. Michael Peterson
U.S Department of Energy
Golden Field Office
1617 Cole Boulevard
Golden, CO 80401-3305
Telephone: 303-275-4884
Fax: 303-275-4880
Email: Michael.Peterson@go.doe.gov
For more information contact:
EERE Information Center
1-877-EERE-INF (1-877-337-3463)
www.eere.energy.gov
P. I-9
Weatherization Assistance Program Overview
For the full Federal Register see
http://www.waptac.org/sp.asp?id=1812.
P. I-10
Weatherization Assistance Program Overview
Legislative and Regulatory Time Line
1. Energy Conservation in Existing
Buildings Act of 1976 (Title IV of the
Energy Conservation and Production Act),
Public Law 94-385, August 14, 1976.
2. National Energy Conservation Policy Act
(NECPA), Title II, Part 2, Public Law
95-619, November 9, 1978.
3. Energy Security Act (ESA), Title V,
Subtitle E, Public Law 96-299, June 30,
1980.
5. 10 C.F.R. Part 440, Interim Rule,
published and effective February 27,
1980.
6. 10 C.F.R., Amendment to Interim Rule,
published June 1, 1981, effective July 1,
1981, made changes to the Interim Rule
mandated by ESA.
7. 10 C.F.R. Part 440, Amendment to Interim
Rule, published and effective March 3,
1982, made changes mandated by section
573 of ESA.
4. Job Training Partnership Act, Public Law
97-300, October 13, 1982.
8. 10 C.F.R. Part 440, Final Rule, published
January 27, 1984, effective February 27,
1984.
5. Human Services Reauthorization Act of
1984, Public Law 98-558, October 30,
1984.
9. 10 C.F.R. Part 440, Interim Final Rule,
published January 4, 1985, effective
February 4, 1985.
6. State Energy Efficiency Programs
Improvement Act (SEEPIA), Public Law
101-440, 1990.
10. 10 C.F.R. Part 440, Interim Final Rule,
published December 5, 1985, effective
January 6, 1986, implemented changes
mandated by the Human Services
Reauthorization Act of 1984
7. Energy Act of 2000, Public Law 106-469,
October 19, 2000.
8. Energy Act of 2005, Public Law 109-58,
August 8, 2005.
9. Energy Independence and Security Act
of 2007, Public Law 110-140, December
19, 2007.
Regulations
1. 10 C.F.R. Part 440, Establishment of
Regulations, Final Rule, published June 1,
1977, effective May 25, 1977.
2. 10 C.F.R. Part 440, Final Rule, published
and effective January 2, 1979, amended
regulations based on the experience
gained during the first year of the WAP.
3. 10 C.F.R. Part 440, Final Rule, published
May 31, 1979, effective July 2, 1979,
amended the regulations as mandated by
NECPA.
Timeline
LE
GI
SL
AT
IO
N
RE
GU
LA
TI
ON
S
Legislation
1974
Pilot
1976
1
1
1977
1978
2
2,3,4
1979
1980
Pilot
3
5
6
1981
1982
4
7
1984
5
8
1985
9
1986
10
1990
6
11. 10 C.F.R. Part 440, Final Rule, published
March 4, 1993, effective April 4, 1993,
implemented changes mandated by
SEEPIA.
1993
11
1995
12
12. 10 C.F.R. Part 440, Interim Final Rule,
published June 5, 1995, effective July
5, 1995, implemented changes to the
allocation formula.
2001
13. 10 C.F.R. Part 440, Interim Final Rule,
published December 8, 2000, effective
January 8, 2001, implemented changes
to improve operation of the program that
evolved since the last rulemaking in 1995.
2007
2000
2005
7
13
8
14
2006
9
14. 10 C.F.R. Part 440, Direct Final Rule,
published June 22, 2006, effective August
21, 2006, implemented changes mandated
by the Energy Policy Act of 2005.
4. 10 C.F.R. Part 440, Final Rule, published
August 29, 1979, effective November 27,
1979, amended regulations as mandated
by section 231(b)(1) of NECPA.
P. I-11
Weatherization Assistance Program Overview
History of Program Regulations
Allocation
of Funds
1977
1979
1980
1981
1982
Allocation based
on number of lowincome homes and
square of heating
and cooling degree
days compared to
sum for all states.
No changes
No changes
No changes
No changes
$800
$1000, or up to
$1600 to address
labor shortages
$1000, or up to
$1600 to address
labor shortages
No changes
Only half of
renter-occupied
households count
towards total lowincome homes
Expenditure
Limit/Dwelling
Materials
Requirement
$400
Repair materials
and repairs to
heating source
limited to $100 per
unit
90% of funds must
purchase materials
Umbrella limit of
30% of funds for
nonmaterial costs
30% Umbrella
later changed to
$240 per dwelling
average
P. I-12
Limitation on
incidental repairs
increased to $150
per dwelling unit
Appropriate
percentage
of grant for
program support
and labor to be
determined by
State and Regional
Representative
No changes
No changes
Weatherization Assistance Program Overview
1984
1985/1986
1993
1995
2001
2006
No changes
No changes
No changes
Allocation formula
revised:
No changes
No changes
$2500 statewide
average, adjusted
annually, includes
capital-intensive
costs
Established $3000
statewide average
for renewable
energy systems,
to be adjusted
annually same as
the $2500 statewide
average for all other
weatherization
measures
1) Renters receive
same full weight as
homeowners
2) Heating &
cooling degree days
no longer squared
3) Factor added
to account for
financial burden of
energy use
No changes
$1600 statewide
average
Removed $150
limit on incidental
repairs
No changes
1
40% of funds
must be spent on
materials
$1600 statewide
average, adjusted
annually1
No changes
Separate average
for capital intensive
heating or cooling
modifications
Waiver of 40%
No changes
requirement may
be granted if
advanced energy
audit procedures are
adopted
H&S costs not
included in average
cost per home
All States required
to use advanced
energy audit
procedures
No changes
Removed
requirement to
spend at least
40% of funds on
materials
DOE began indexing $1600 average April 1, 1991.
P. I-13
Weatherization Assistance Program Overview
Standards &
Techniques
Administrative
Expenditure
Limit
Eligibility
Requirements
P. I-14
1977
1979
1980
1981
1982
Project Retro-Tech
audit or DOEapproved alternate
Project Retro-Tech
revised
No changes
No changes
No changes
No alternative
audit allowed
10%
5% for grantee and
5% for subgrantee
No changes
State may pass on
more than 5% to
subgrantee
No changes
At or below
poverty level
according to OMB
At or below 125%
of poverty level
according to OMB
No changes
No changes
No changes
Received cash
assistance
payments during 12
month period
Cash assistance
payments need
only be received
during preceding
12 months, not
throughout
Weatherization Assistance Program Overview
1984
1985/1986
1993
1995
2001
2006
Energy audit
procedures made
more flexible
No changes
Requirements of
Energy audit for
40% waiver:
No changes
Energy audit
procedures required
for waiver of
40% material
cost requirement
become minimum
standard
Established criteria
for defining and
evaluating what
is an acceptable
renewable energy
system
Alternative audits
allowed if approved
by DOE
1) Meet standards
established by
Secretary/STEAB
2) Priorities
established
based on specific
procedures
State required to
have energy audit
procedures for the
different housing
types (single family,
mobile homes,
& multi-family)
that represent a
significant portion
of households
served
3) Measure
& use energy
requirements. Of
individual dwelling
units
4) Account for
measure interaction
Established
procedures for
petitioning DOE to
determine eligibility
of renewable energy
systems
Priority lists to be
revalidated energy
5 years
Priority lists can be
used in conjunction
with 40% waiver,
providing certain
requirements are
met
List of DOEapproved GHW
reduction measures
provided
No changes
No changes
Subgrantees whose
grants < $350,000
can use up to an
additional 5% for
administration
No changes
Equipment costs
No changes
may be amortized
across the life of the
equipment. Average
cost calculations
utilize amortized
cost.
No changes
Allow States to use
LIHEAP eligibility
requirements
No changes
No changes
Added “high
residential
energy user” and
“household with
a high energy
burden” to
priority household
categories
No change in “low
income” definition
The Energy
Policy Act of
2005 changed the
income eligibility
requirement from
125% to 150% of
poverty, which is
consistent with the
LIHEAP eligibility
requirements
already allowed
P. I-15
Weatherization Assistance Program Overview
Weatherization
Materials
1977
1979
1980
1981
1982
1) Ceiling, wall,
floor, and duct
insulation
Added:
Low-cost/
no-cost energy
conservation
measures, such
as water flow
controllers,
allowed as an
interim approach
to weatherization
subject to limits
of 10% of total
grant and $50 per
dwelling unit
No changes
No changes
No changes
66% of tenants
in multifamily
dwellings must be
eligible
No changes
No changes
No changes
Permitted to hire
labor if volunteers
and CETA labor
were unavailable
Off-site labor
chargeable to
program support
instead of
administrative
expenses
No changes
2) Vapor barriers
1) Furnace
efficiency
modifications
3) Storm windows
and doors
2) Water heater
insulation
4) Caulking
3) Heat absorbent
or reflective
window and door
materials
5) Weatherstripping
6) Clock
thermostats
7) Mechanical
equipment valued
in excess of $50
not allowed
4) Skirting
5) Replacement
windows and doors
6) Items to
improve attic
ventilation
7) Patch materials
to reduce
infiltration
8) Incidental
repairs necessary
to maintain
effectiveness of
weatherization
materials allowed
if < $100 limit
Rental Unit
Requirement
1) Owner
permission
2) 100% of
dwelling occupants
must be eligible
3) Weatherization
benefits accrue
primarily to low
income tenants
4) No rent
increase directly
resulting from
weatherization
5) No excessive
enhancement to
value of dwelling
units
Labor
Requirements
P. I-16
Services of
volunteers,
pursuant to CETA,
to be used to the
maximum extent
practicable
Weatherization Assistance Program Overview
1984
1985/1986
Added:
1) Movable window
insulation
2) Materials to
construct vestibules
3) Pipe and boiler
insulation
4) Heat exchangers
5) Thermostat
control systems
6) Water heater
efficiency
modifications
7) Hot water heat
pumps
8) Waste heat
recovery devices
9) Materials for
heating and cooling
system efficiency
modifications
Added replacement Added:
furnaces and boilers 1) Replacement air
Allowed Secretary conditioners
66% eligibility
requirement
reduced to 50% for
duplexes and 4-unit
buildings
No changes
of Energy to add
weatherization
measures to
program without
a rulemaking
procedure
1993
1995
2001
2006
No changes
Added:
Added (in 440.1,
Definitions):
Electric baseload
measures including
water heaters and
refrigerators
2) Ceiling, attic, and
whole house fans
3) Evaporative
coolers
1) Renewable
energy systems
including solar,
biomass, and
geothermal
4) Screening
5) Window films
and shading devices
added between
1985 and 1992 by
notice
Renters protection
expanded:
No changes
Eligibility lowered No changes
to 50% for certain
types of large multifamily buildings
JPTA labor required No changes
when “generally”
available
JTPA labor replaced No changes
with “other Federal
or State training
programs”
1) Benefits and no
rent increase even
for renters paying
for energy through
rent
2) Complaint
procedure
3) States may place
liens
4) States may
require financial
participation from
landlords
References to
CETA replaced
with Job Training
Partnership Act
(JPTA)
No changes
P. I-17
Weatherization Assistance Program Overview
Reweatherization
Training
and Technical
Assistance
(T&TA)
Administration
of Grants
1977
1979
1980
1981
1982
Not allowed unless
unit was damaged
by fire, flood, or
act of God and
repair not paid by
insurance
No changes
No changes
No changes
No changes
T&TA not yet
established
DOE could reserve No changes
up to 10% of
appropriated funds
for T&TA
No changes
No changes
Grants must be
administered in
accordance with:
Grantees required
to comply with 10
C.F.R. 600
DOE permitted
to make tentative
allocations among
States and to make
adjustments based
on production
Financial audit
No changes
requirements
amended to
conform with OMB
Circulars A-102
and A-110
No changes
No changes
No changes
1) Federal
Management (FM)
Circular 73-2
2) FM Circular
74-4
3) FM Circular
74-7
4) OMB Circular
A-89
5) OMB Circular
A-95
6) OMB Circular
A-97
7) Treasury
Circular 1082
Miscellaneous
P. I-18
Not Applicable
No changes
Weatherization Assistance Program Overview
1984
1985/1986
1993
1995
2001
2006
No changes
Allowed
reweatherization
of units partially
weatherized from
9/30/75 to 9/30/79
Cut-off date for
reweatherization
extended to 9/30/85
No changes
Cut-off date for
reweatherization
extended to 1993.
Candidates must
have a new energy
audit performed
and take into
consideration
previous
weatherization
improvements.
No changes
Client Education
Allowed
No changes
No changes
No changes
No changes
No changes
No changes
No changes
Cost of financial
audit chargeable as
a separate line item
cost instead of as
an administrative
expense
No changes
No changes
No changes
No changes
Performance Fund
established
Performance Fund
repealed
No changes
No changes
No changes
Reweatherized
units count as
Reweatherized units completions
do not count as
provided they do
completions
not exceed 5%
of total homes
weatherized per
year
Incentive Fund
planned
Children may be
given priority
Shelters may be
weatherized
Leveraging of
non-Federal monies
allowed with grant
funds
P. I-19
Weatherization Assistance Program Overview
History of Program Legislation
1976
Energy Conservation in Existing Buildings Act of 1976, Title IV of the Energy Conservation and
Production Act, Public Law 94-385, August 14, 1976
l
l
l
Served as the enabling legislation for the Weatherization
Assistance Program.
Gave priority service to elderly and handicapped lowincome persons.
Established initial set of allowable Weatherization materials.
Materials may be added by rule.
u
l
l
Directed the Secretary of Energy to make grants to states and
Indian Tribal Organizations for weatherizing dwelling units
occupied by low-income families, particularly those where
elderly or handicapped low-income persons reside.
l
l
Directed the Secretary to publish proposed regulations for the
Program that:
u
Prescribed standards for Weatherization materials; and
u
Insured that:
l
n
n
n
l
The benefits of Weatherization in connection with leased
dwelling units accrued primarily to low-income tenants;
Rents on such dwelling units would not be raised because
of any increase in the value due to Weatherization; and
No undue or excessive enhancement would occur to the
value of such dwelling units.
Gave authority to the Secretary to determine that the lowincome members of Indian tribes were not receiving benefits
equivalent to other low-income persons in a state and that the
members of the tribe would be better served by a direct grant.
Directed the Secretary to provide financial assistance to
each state on the basis of the relative need for
Weatherization assistance among the low-income
persons throughout the states, taking into account the
following factors:
u
The number of dwelling units to be weatherized;
u
Climatic conditions;
u
The type of Weatherization work to be done; and
u
Other factors that the Secretary may determine necessary.
If the State did not submit an application, allowed any
unit of general purpose local government of sufficient
size or a community action agency to submit an
application.
Directed the Secretary to provide no financial assistance
unless the applicant had provided reasonable assurances
that it had:
u
u
u
Established a policy advisory council;
Established priorities to govern the provision of
Weatherization assistance;
Established policies and procedures to assure that
financial assistance will be used to supplement, not
supplant, state or local funds, and increase the amount
of leveraged non-Federal funds, including:
n
n
n
P. I-20
Securing, to the maximum extent practicable,
volunteers pursuant to the Comprehensive
Employment and Training Act (CETA) of 1973, and
Complying with the limitations set for
administrative, materials, and labor expenditures.
Selected on the basis of public comment received
during a public hearing.
Weatherization Assistance Program Overview
1978
1980
National Energy Conservation Policy Act
(NECPA), Title II, Part 2,
Public Law 95-619, November 9, 1978
Energy Security Act (ESA), Title V,
Subtitle E, Public Law 96-294, June 30, 1980
Increased eligibility level from the poverty level to 125%
of poverty.
l
Allowed a higher eligibility level if determined necessary
by
the Administrator, Secretary of Agriculture, and the
Directorof the Community Services Administration.
l
l
l
l
l
l
Relaxed eligibility requirement from “in which the head of
the household is a low-income person” to “occupied by
low-income families.”
Added the requirement to establish program regulations
within 60 days of law enactment.
Added requirement to establish procedures to determine
the optimum set of cost-effective measures taking into
consideration: the cost of the Weatherization materials,
variation in climate, and the value of the energy savings.
l
Defined and listed specific Weatherization materials.
l
Limited administrative expenditures to 5% for states.
l
l
l
Limited expenditures to $800 for materials, tools,
equipment, transportation, on-site supervisory personnel,
and incidental repairs, but allowed for higher amount if
state policy advisory council requested and the Secretary
approved it.
l
l
Increased limit on administrative expenditures to 10%, except
that not more than half may be used by the state.
Increased $800 limit for Weatherization materials to up to
$1600 if CETA labor was unavailable.
Required the applicant to select subgrantees on the basis of
public comment received during a public hearing. Applicants
were required to provide assurances that preference was given
to community action agencies or other public or non-profit
entities provided such selection was based on the agency’s
experience and performance in Weatherization or housing
renovation activities, experience assisting low-income persons
in the area to be served, and the capacity to undertake a timely
and effective Weatherization Program. Further, preference
was required to be given to any community action agency or
other public or non-profit entity which had or was then
currently administering an effective Weatherization program
or program under the Economic Opportunity Act of 1964.
Required that the efforts of the DOE Weatherization Program
and Weatherization program carried out at the Department of
Agriculture and the Community Services Administration to
accomplish uniform results among the state in any area with
similar climatic conditions.
Increased the $100 limit for incidental repairs to $150.
Funding section revised to specify authorization of
appropriations for 1979-1981, and required these funds to
remain available until expended.
P. I-21
Weatherization Assistance Program Overview
l
l
1982
1984
Job Training Partnership Act,
Public Law 97-300, October 13, 1982
Human Services Reauthorization Act of 1984,
Public Law 98-558, October 30, 1984
Made funds available for job training programs or services
including regional or nationwide efforts to develop a labor
force with skills that promote the use of renewable energy
technologies, energy conservation, and the Weatherization
of homes occupied by low-income families.
Directed the Secretary to provide directly or through
grants, contracts, or other arrangements, appropriate
pre-service and in-service training for specialized,
supportive, supervisory, or other personnel including job
skills teachers, and appropriate technical assistance.
l
Eligibility criteria added:
u
l
If a state elects, assistance under the Low-Income Home
Energy Assistance Act of 1981 provided that such basis is
at least 125% of the poverty level as determined by OMB.
Weatherization materials added:
u
Furnace efficiency modifications including:
n
n
n
u
l
P. I-22
Replacement burners, furnaces, or boilers;
Devices for minimizing energy loss through heating
system, chimney, or venting devices; and
Electrical or mechanical furnace ignition systems that
replace standing gas pilot lights.
Removed requirement that adding allowable weatherization
materials required a rulemaking.
Required that at least 40% of the funds provided for materials,
labor, and related matter must be spent for materials.
l
Expenditure limit increased to an average of $1,600
l
Added reweatherization restrictions.
l
Established a performance fund
Weatherization Assistance Program Overview
1990
State Energy Efficiency Programs Improvement Act(SEEPIA),
Public Law 101-440, October 18, 1990
l
Began adjusting the $1600 statewide average annually by
the lesser of the Consumer Price Index or 3%.
l
Expanded protection for renters:
u
l
l
Established a separate expenditure average for capitalintensive heating or cooling modifications.
Allowed a waiver of 40% material cost requirement if a state
adopted advanced energy audit procedures that:
u
u
u
u
l
Meet standards established by the Secretary after
consultation with the State Energy Advisory Board (STEAB);
Establish priorities based on their cost and contribution to
energy efficiency;
Measure the energy requirement of individual dwelling
units and the rate of return of the total conservation investment;
Account for interaction among energy-efficiency measures.
l
l
Allowed the use of priority lists in conjunction with the 40%
waiver, provided certain requirements were met.
l
l
l
Allowed subgrantees whose grants were less than $350,000
to use up to an additional 5% for administration.
Added Weatherization materials:
u
Replacement air conditioners;
u
Ceiling, attic, and whole house fans;
u
Evaporative coolers;
u
Screening; and
u
Window films and shading devices.
u
Establishing complaint procedures;
u
Instituting states may place liens;
u
l
l
l
l
Allowing benefits and no rent increase even for
renters paying for energy through rent;
Allowing states to require financial participation from
landlords;
Relaxed requirement for Job Training Partnership Act
(JTPA) labor to when it was “generally” available.
Extended cut-off date for reweatherization to
September 30, 1985.
Allowed reweatherized units to count as completions
provided they did not exceed 5% of total homes
weatherized per year.
Allowed the cost of financial audits to be chargeable as a
separate line item cost instead of as an administrative
expense.
Added a reporting requirement to include information and
data furnished by each state the average costs incurred in
Weatherization of individual dwelling units, the average
size of the dwelling units being weatherized, and the
average income of the households receiving assistance.
Directed the Secretary to annually update the population,
eligible households, climatic, and residential energy use,
and all other data used in allocating funds.
Repealed the Performance Fund.
u
Established a new Incentive Fund.
u
Allowed priority to be given to children.
u
Allowed the Weatherization of shelters.
u
Allowed leveraging of non-Federal monies with grant
funds.
P. I-23
Weatherization Assistance Program Overview
l
l
l
2000
2007
Energy Policy Act of 2000,
Public Law 106-469, October 19, 2000
Energy Independence and Security Act of 2007,
Public Law 110-140, December 19, 2007
Increased statewide average expenditure limit per dwelling
to $2,500 to be adjusted annually.
Included capital-intensive heating and cooling measures in
the increased expenditure limit, thereby eliminating the
separate capital-intensive expenditure limit.
l
Reauthorized the Weatherization Program.
l
Increased authorized appropriations for FY 2008-2012.
l
Deleted waiver of 40% material cost requirement because all
States had adopted advanced energy audits.
Established Sustainable Energy Resources for Consumers
Grants:
u
u
l
2005
Energy Policy Act of 2005,
Public Law 109-58, August 8, 2005
l
l
l
Explicitly allowed renewable energy systems to be funded
under the Program.
Established criteria and a procedure for evaluating
renewable energy systems.
Increased the permissible funding level to $3000 for such
systems, indexed to the lesser of the Consumer Price Index
or 3%.
P. I-24
Made funds available to local Weatherization agencies to
expand Program for residential buildings not currently
eligible.
No funds may be used for these grants if the appropriation
for Weatherization Program is less than $275,000,000.
Definition of ‘state’ expanded to include ‘any other territory
or possession of the United States.’
Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations
CCC or for which approval is sought.
The terms and conditions of such fees
will be set forth in the applicable
agreement.
§ 1423.13 Appeals, suspensions, and
debarment.
(a) After initial approval, warehouse
operators may request that CCC
reconsider adverse actions when the
warehouse operator establishes that the
reasons for the action have been
remedied or requests reconsideration of
the action and presents to the Director,
KCCO, in writing, information in
support of such request. The warehouse
operator may, if dissatisfied with the
Director’s determination, obtain a
review of the determination and an
informal hearing by submitting a request
to the Deputy Administrator. Appeals
shall be as prescribed in part 780 of this
title, and under such regulations the
warehouse operator shall be considered
as a ‘‘participant.’’
(b) Suspension and debarment actions
taken under this part shall be conducted
in accordance with part 1407 of this
chapter. After expiration of the
suspension or debarment period, a
warehouse operator may, at any time,
apply for approval under this part.
Signed at Washington, DC, on June 7, 2006.
Glen L. Keppy,
Acting Executive Vice President, Commodity
Credit Corporation.
[FR Doc. E6–9834 Filed 6–21–06; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
10 CFR Part 440
RIN 1904–AB56
Weatherization Assistance Program for
Low-Income Persons
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Direct final rule.
AGENCY:
The Department of Energy
(DOE) is issuing a direct final rule to
amend the regulations for the
Weatherization Assistance Program for
Low-Income Persons to incorporate
statutory changes resulting from the
passage of the Energy Policy Act of
2005. In this direct final rule, DOE
defines renewable energy systems
eligible for funding in the
Weatherization Assistance Program,
establishes criteria for performance and
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SUMMARY:
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quality standards for eligible renewable
energy systems, establishes procedures
for submission of and action on
manufacturer petitions for Secretarial
determinations of eligibility of
renewable energy technologies and
systems, and establishes a ceiling for
funding of renewable energy systems in
the Weatherization Assistance Program.
DATES: This direct final rule is effective
August 21, 2006, unless adverse or
critical comments are received by July
24, 2006. If the effective date is delayed,
timely notice will be published in the
Federal Register.
ADDRESSES: You may submit comments,
identified by RIN 1904–AB56, by any of
the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-Mail:
Weatherization.rules@ee.doe.gov.
Include RIN 1904–AB56 in the subject
line of the message.
• Mail: Weatherization Assistance
Program, U.S. Department of Energy,
Mail Stop EE–2K, 5E–066, 1000
Independence Avenue, SW.,
Washington, DC 20585.
You may obtain electronic copies of
this rulemaking and review comments
received by DOE by visiting the DOE
Freedom of Information Reading Room,
Department of Energy, Room 1E–190,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585,
(202) 586–3142, between the hours of 9
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
Atcheson, Weatherization Assistance
Program, U.S. Department of Energy,
Mail Stop EE–2K, 5E–066, 1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586–0771.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Amendments to the Weatherization
Assistance Program
III. Final Action
IV. Procedural Requirements
V. The Catalog of Federal Domestic
Assistance
VI. Approval of the Office of the Secretary
I. Introduction
The Department of Energy (DOE)
amends the program regulations for the
Weatherization Assistance Program for
Low-Income Persons. The program is
authorized by Title IV, Part A, of the
Energy Conservation and Production
Act, 42 U.S.C. 6861 et seq. The
amendments made by this direct final
rule are necessitated by certain changes
in the Weatherization Assistance
Program mandated in the Energy Policy
PO 00000
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Fmt 4700
Sfmt 4700
35775
Act of 2005 (Pub. L. 109–58) (EPACT
2005). Specifically, section 206 of
EPACT 2005 amended section 415(c) of
the Energy Conservation and Production
Act (42 U.S.C. 6865(c)) to provide
funding to low-income persons for
renewable energy systems and to set a
new ceiling for funding of renewable
energy systems in the Weatherization
Assistance Program.
In this direct final rule, DOE defines
renewable energy systems eligible for
funding in the Weatherization
Assistance Program, establishes criteria
for performance and quality standards
for eligible renewable energy systems,
establishes procedures for submission of
and action on manufacturer petitions for
Secretarial determinations of eligibility
of renewable energy technologies and
systems, and establishes a ceiling for
funding of renewable energy systems in
the Weatherization Assistance Program.
DOE is today amending the program
regulations to include specific
requirements mandated by EPACT 2005.
DOE is not now proposing any additions
to the forms of renewable energy
included in the definition of ‘‘renewable
energy system.’’ Nor is DOE proposing
renewable energy system performance
and quality standards beyond those
included in EPACT 2005. Thus, DOE
views these amendments to be
noncontroversial and appropriate for
direct final rulemaking (see III. Final
Action for information on this
procedure).
II. Amendments to the Weatherization
Assistance Program
This section of the preamble provides
a section-by-section description of the
amendments made by this direct final
rule.
Section 440.1 (Purpose and Scope).
DOE amends 10 CFR 440.1 to explicitly
state that the program’s goals include
the use of renewable energy systems and
technologies. While DOE considered
renewable energy systems and
technologies to be eligible for funding
under the program prior to the passage
of EPACT 2005, Congress has clarified
the scope and treatment of such systems
by providing specific definitions and
criteria to be used in assessing eligibility
and by expanding funding opportunities
for renewable energy systems.
Section 440.3 (Definitions). DOE
amends 10 CFR 440.3, the definitions
section, to add definitions of the terms
‘‘biomass’’ and ‘‘renewable energy
system.’’ These definitions are taken
from section 206 of EPACT 2005, which
amends 42 U.S.C. 6865(c) to include the
definitions in a new subsection (6).
Section 440.18 (Allowable
Expenditures). DOE amends 10 CFR
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22JNR1
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35776
Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations
440.18 to add a new paragraph (b) that
incorporates the new statutory
provisions addressing renewable energy
systems and specifying a ceiling of
$3,000 per dwelling for labor,
weatherization materials, and related
matters. Redesignated paragraph (c)
(formerly paragraph (b)) is amended to
provide that the procedure for annual
adjustments to the ceiling for
expenditures on a dwelling under the
program applies to the $3,000 renewable
energy system cap, as well as to the
$2,500 cap that applies to other eligible
weatherization expenditures under the
program. This amendment applies
prospectively; DOE will not apply the
$3,000 cap retroactively to recalculate
weatherization assistance awarded since
2000. Rather, the amendment is
intended only to implement the new
statutory ceiling applicable to renewable
energy systems, and to clarify that the
formula used for increasing the ceiling
specified in 2000 also applies to the cap
for renewable energy technologies and
systems.
Section 440.21 (Weatherization
materials, standards and energy audit
procedures). DOE amends 10 CFR
440.21 to incorporate criteria for
defining and evaluating what is an
acceptable renewable energy technology
or system for funding under the
Weatherization Assistance Program. A
new paragraph (c)(1) in this section
specifies performance and quality
standards criteria for renewable energy
systems. These criteria are taken from
amendments to the Energy Conservation
and Production Act made by EPACT
2005, specifically 42 U.S.C.
6865(c)(5)(D) and (6)(A)(iii) and (iv).
New paragraph (c)(2) establishes a
procedure for submission of and action
on petitions by manufacturers
requesting the Secretary of Energy to
certify a new technology or system as an
eligible renewable energy system. This
amendment implements 42 U.S.C.
6865(c)(5)(A)(ii) and (B), added to the
Energy Conservation and Production
Act by EPACT 2005. In applying these
requirements, DOE will build upon the
approaches used now for energy
efficiency materials and procedures.
Register publication. The direct final
rule will be effective August 21, 2006,
unless significant adverse or critical
comments are received by July 24, 2006.
If DOE receives significant adverse or
critical comments, the revisions to 10
CFR part 440 in this direct final rule
will be withdrawn before the effective
date. In the case of withdrawal of this
action, the withdrawal will be
announced by a subsequent Federal
Register document. All public
comments will then be addressed in a
separate final rule based on the
proposed rule that is also issued today.
DOE will not implement a second
comment period on this action. Any
persons interested in commenting on
this rule should do so at this time.
III. Final Action
DOE is publishing this direct final
rule without prior proposal because
DOE views these amendments as
noncontroversial and anticipates no
significant adverse comments. However,
in the event that significant adverse or
critical comments are filed, DOE has
prepared a notice of proposed
rulemaking (NOPR) proposing the same
amendments. This NOPR is published
as a separate document in this Federal
C. Regulatory Flexibility Act
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IV. Procedural Requirements
A. Review Under Executive Order 12866
Today’s direct final rule has been
determined not to be ‘‘a significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject
to review under that Executive Order by
the Office of Information and Regulatory
Affairs of the Office of Management and
Budget (OMB).
B. National Environmental Policy Act
DOE has determined that
promulgation of this direct final rule
falls into a class of actions that would
not individually or cumulatively have a
significant impact on the human
environment, as determined by DOE
regulations implementing the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). Specifically, this
direct final rule is covered under the
Categorical Exclusion found in DOE’s
National Environmental Policy Act
regulations at paragraph A.5 of
appendix A to subpart D, 10 CFR part
1021, which applies to rulemakings that
interpret or amend an existing
regulation without changing the
environmental effect of the regulation.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
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Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process (68 FR 7990). DOE
has made its procedures and policies
available on the Office of General
Counsel’s Web site at http://
www.gc.doe.gov.
DOE has reviewed today’s direct final
rule under the provisions of the
Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003. The direct final rule
amends DOE’s Weatherization
Assistance Program regulations to
incorporate statutory changes made to
the grant program. These amendments
do not independently have any
economic impact on small entities.
Moreover, the EPACT 2005 changes
expand the benefits available under the
program for grant recipients; the
statutory changes cause no adverse
impact on any recipient. On the basis of
the foregoing, DOE certifies that the
amendments will not have a significant
economic impact on a substantial
number of small entities. Accordingly,
DOE has not prepared a regulatory
flexibility analysis for this rulemaking.
DOE’s certification and supporting
statement of factual basis will be
provided to the Chief Counsel for
Advocacy of the Small Business
Administration pursuant to 5 U.S.C.
605(b).
D. Paperwork Reduction Act
This direct final rule will not impose
any new collection of information
subject to review and approval by OMB
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires Federal agencies to examine
closely the impacts of regulatory actions
on State, local, and tribal governments.
Subsection 101(5) of Title I of that law
defines a Federal intergovernmental
mandate to include any regulation that
would impose upon State, local, or
tribal governments an enforceable duty,
except a condition of Federal assistance
or a duty arising from participating in a
voluntary Federal program. Title II of
that law requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and tribal
governments, in the aggregate, or to the
private sector, other than to the extent
such actions merely incorporate
requirements specifically set forth in a
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Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations
statute. Section 202 of that title requires
a Federal agency to perform a detailed
assessment of the anticipated costs and
benefits of any rule that includes a
Federal mandate which may result in
costs to State, local, or tribal
governments, or to the private sector, of
$100 million or more. Section 204 of
that title requires each agency that
proposes a rule containing a significant
Federal intergovernmental mandate to
develop an effective process for
obtaining meaningful and timely input
from elected officers of State, local, and
tribal governments.
This direct final rule will not impose
a Federal mandate on State, local or
tribal governments, and it will not result
in the expenditure by State, local, and
tribal governments in the aggregate, or
by the private sector, of $100 million or
more in any one year. Accordingly, no
assessment or analysis is required under
the Unfunded Mandates Reform Act of
1995.
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F. Treasury and General Government
Appropriations Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
proposed rule that may affect family
well-being. Today’s direct final rule will
not have any impact on the autonomy
or integrity of the family as an
institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, 64 FR 43255
(August 4, 1999), imposes certain
requirements on agencies formulating
and implementing policies or
regulations that pre-empt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. DOE has examined this
direct final rule and has determined that
it would not pre-empt State law and
would not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. No further
action is required by Executive Order
13132.
H. Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
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15:23 Jun 21, 2006
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new regulations, section 3(a) of
Executive Order 12988, Civil Justice
Reform, 61 FR 4729 (February 7, 1996),
imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. The review
required by sections 3(a) and 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this direct final
rule meets the relevant standards of
Executive Order 12988.
I. Treasury and General Government
Appropriations Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed today’s notice under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
J. Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to the OMB a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
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35777
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
Office of Information and Regulatory
Affairs (OIRA) as a significant energy
action. For any proposed significant
energy action, the agency must give a
detailed statement of any adverse effects
on energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s regulatory action would not
have a significant adverse effect on the
supply, distribution, or use of energy
and is therefore not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of today’s rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
V. The Catalog of Federal Domestic
Assistance
The Catalog of Federal Domestic
Assistance number for the
Weatherization Assistance Program for
Low-Income Persons is 81.042.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s direct final rule,
as well as the accompanying notice of
proposed rulemaking.
List of Subjects 10 CFR Part 440
Administrative practice and
procedure, Aged, Energy conservation,
Grant programs—energy, Grant
programs—housing and community
development, Housing standards,
Indians, Individuals with disabilities,
Reporting and recordkeeping
requirements, Weatherization.
Issued in Washington, DC, on June 9, 2006.
Douglas L. Faulkner,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
For the reasons set forth in the
preamble, DOE amends part 440 of
chapter II of title 10, Code of Federal
Regulations, to read as follows:
■
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Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations
PART 440—WEATHERIZATION
ASSISTANCE PROGRAM FOR LOWINCOME PERSONS
1. The authority citation for part 440
continues to read as follows:
■
Authority: 42 U.S.C. 6861 et seq.; 42 U.S.C.
7101 et seq.
§ 440.1
[Amended]
2. Section 440.1 is amended by adding
the words ‘‘or to provide such persons
renewable energy systems or
technologies’’ after the words ‘‘lowincome persons,’’ where they are first
used.
■ 3. Section 440.3 is amended by adding
in alphabetical order definitions of
‘‘biomass’’ and ‘‘renewable energy
system’’ to read as follows:
■
§ 440.3
Definitions.
*
*
*
*
Biomass means any organic matter
that is available on a renewable or
recurring basis, including agricultural
crops and trees, wood and wood wastes
and residues, plants (including aquatic
plants), grasses, residues, fibers, and
animal wastes, municipal wastes, and
other waste materials.
*
*
*
*
*
Renewable energy system means a
system which when installed in
connection with a dwelling—
(1) Transmits or uses solar energy,
energy derived from geothermal
deposits, energy derived from biomass
(or any other form of renewable energy
which DOE subsequently specifies
through an amendment of this part) for
the purpose of heating or cooling such
dwelling or providing hot water or
electricity for use within such dwelling;
or wind energy for nonbusiness
residential purposes; and
(2) Which meets the performance and
quality standards prescribed in § 440.21
(c) of this part.
*
*
*
*
*
■ 4. Section 440.18 is amended by:
■ a. Redesignating paragraphs (b)
through (e) as paragraphs (c) through (f);
■ b. Adding a new paragraph (b);
■ c. Amending redesignated paragraph
(c) by adding the phrase ‘‘($3,000 for
renewable energy systems)’’ after the
words ‘‘The $2,500 average’’ in the
introductory sentence.
The additions read as follows:
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*
§ 440.18
Allowable expenditures.
*
*
*
*
*
(b) The expenditure of financial
assistance provided under this part for
labor, weatherization materials, and
related matters for a renewable energy
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system, shall not exceed an average of
$3,000 per dwelling unit.
*
*
*
*
*
■ 5. Section 440.21 is amended by:
■ a. Revising paragraph (a);
■ b. Redesignating paragraphs (c)
through (h) as paragraphs (d) through
(i);
■ c. Adding a new paragraph (c);
■ d. Amending the introductory
sentence of redesignated paragraph (e)
by removing the words ‘‘paragraph (c)’’
and adding in their place the words
‘‘paragraph (d)’’; and, in redesignated
paragraph (e)(2), by removing the words
‘‘paragraph (d)(1)’’ and adding in their
place the words ‘‘paragraph (e)(1)’’; and
■ e. Amending redesignated paragraph
(g) by removing the words ‘‘paragraphs
(b) through (e)’’ and adding in their
place the words ‘‘paragraphs (b) through
(f)’’.
The revisions and additions read as
follows:
§ 440.21 Weatherization materials
standards and energy audit procedures.
(a) Paragraph (b) of this section
describes the required standards for
weatherization materials. Paragraph (c)
(1) of this section describes the
performance and quality standards for
renewable energy systems. Paragraph (c)
(2) of this section specifies the
procedures and criteria that are used for
considering a petition from a
manufacturer requesting the Secretary to
certify an item as a renewable energy
system. Paragraphs (d) and (e) of this
section describe the cost-effectiveness
tests that weatherization materials must
pass before they may be installed in an
eligible dwelling unit. Paragraph (f) of
this section lists the other energy audit
requirements that do not pertain to costeffectiveness tests of weatherization
materials. Paragraphs (g) and (h) of this
section describe the use of priority lists
and presumptively cost-effective general
heat waste reduction materials as part of
a State’s energy audit procedures.
Paragraph (i) of this section explains
that a State’s energy audit procedures
and priority lists must be re-approved
by DOE every five years.
*
*
*
*
*
(c)(1) A system or technology shall
not be considered by DOE to be a
renewable energy system under this part
unless:
(i) It will result in a reduction in oil
or natural gas consumption;
(ii) It will not result in an increased
use of any item which is known to be,
or reasonably expected to be,
environmentally hazardous or a threat
to public health or safety;
(iii) Available Federal subsidies do
not make such a specification
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unnecessary or inappropriate (in light of
the most advantageous allocation of
economic resources); and
(iv) If a combustion rated system, it
has a thermal efficiency rating of at least
75 percent; or, in the case of a solar
system, it has a thermal efficiency rating
of at least 15 percent.
(2) Any manufacturer may submit a
petition to DOE requesting the Secretary
to certify an item as a renewable energy
system.
(i) Petitions should be submitted to:
Weatherization Assistance Program,
Office of Energy Efficiency and
Renewable, Mail Stop EE–2K, 1000
Independence Avenue, SW.,
Washington, DC 20585.
(ii) A petition for certification of an
item as a renewable energy system must
be accompanied by information
demonstrating that the item meets the
criteria in paragraph (c)(1) of this
section.
(iii) DOE may publish a document in
the Federal Register that invites public
comment on a petition.
(iv) DOE shall notify the petitioner of
the Secretary’s action on the request
within one year after the filing of a
complete petition, and shall publish
notice of approvals and denials in the
Federal Register.
*
*
*
*
*
[FR Doc. E6–9858 Filed 6–21–06; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24090; Directorate
Identifier 2006–CE–16–AD; Amendment 39–
14664; AD 2006–13–11]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Models PC–6, PC–6–H1,
PC–6–H2, PC–6/350, PC–6/350–H1, PC–
6/350–H2, PC–6/A, PC–6/A–H1, PC–6/
A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/
B2–H2, PC–6/B2–H4, PC–6/C–H2, and
PC–6/C1–H2 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) that
supersedes AD 2002–21–08, which
applies to certain Pilatus Aircraft Ltd
(Pilatus) Model PC–6 airplanes. AD
2002–21–08 currently requires you to
inspect the aileron assembly for correct
SUMMARY:
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